| |||||||
|
|
An Act to provide for the prohibition of sex selection, before or after
conception, and for regulation of pre-natal diagnostic techniques for
the purposes of detecting genetic abnormalities or metabolic disorders
or chromosomal abnormalities or certain congenital malformations or sex-linked
disorders and for the preven-tion of their misuse for sex determination
leading to female foeticide; and, for matters connected therewith or incidental
thereto.
BE it enacted by Parliament in the Forty-fifth Year of the Republic of
India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.- (1) This Act
may be called the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition
of Sex Selection) Act, 1994.
(2)It shall extend to the whole of India except the State of Jammu and
Kashmir.
(3)It shall come into force on such date as the Central Government may,
by notification in the Official Gazette, appoint.
2. Definitions.- In this Act, unless the context otherwise
requires,-
(a) "Appropriate Authority" means the Appropriate Authority appointed
under section 17;
(b) "Board" means the Central Supervisory Board constituted under section
7;
(ba) "conceptus" means any product of conception at any stage of development
from fertilization until birth including extra embryonic membranes as
well as the embryo or foetus;
(bb) "embryo" means a developing human organism after fertilization till
the end of eight weeks (fifty-six days);
(bc) "foetus" means a human organism during the period of its development
beginning on the fifty-seventh day following fertilization or creation
(excluding any time in which its development has been suspended) and ending
at the birth;
(c) "Genetic Counseling Centre" means an institute, hospital, nursing
home or any place, by what-ever name called, which provides for genetic
counselling to patients;
(d) "Genetic Clinic" means a clinic, institute, hospital, nursing home
or any place, by whatever name called, which is used for conducting pre-natal
diagnostic procedures.
Explanation- For the purposes of this clause, 'Genetic Clinic'
includes a vehicle, where ultra-sound machine or imaging machine or scanner
or other equipment capable of determining sex of the foetus or a portable
equipment which has the potential for detection of sex during preg-nancy
or selection of sex before conception, is used.
(e) "Genetic Laboratory" means a laboratory and includes a place where
facilities are provided for conducting analysis or tests of samples received
from Genetic Clinic for pre-natal diagnostic test. Explanation-
For the purposes of this clause, 'Genetic Laboratory' includes a place
where ultra-sound machine or imaging machine or scanner or other equipment
capable of determining sex of the foetus or a portable equipment which
has the potential for detection of sex during preg-nancy or selection
of sex before conception, is used.
(f) "Gynaecologist" means a person who possesses a post- graduate qualification
in gynaecology and obstetrics;
(g) "Medical geneticist" includes a person who possesses a degree or diploma
in genetic science in the fields of sex selection and pre-natal diagnostic
techniques or has experience of not less than two years in such field
after obtaining- (i) any one of the medical qualifications recognised
under the Indian Medical Council Act, 1956 (102 of 1956); or
(ii) a post-graduate degree in biological sciences;
(h) "Pediatrician" means a person who possesses a post-graduate qualification
in pediatrics;
(i) "pre-natal diagnostic procedures" means all gynaecological or obstetrical
or medical proce-dures such as ultrasonography, foetoscopy, taking or
removing samples of amniotic fluid, chori-onic villi, blood or any other
tissue or fluid of a man, or of a woman for being sent to a Genetic Laboratory
or Genetic Clinic for conducting any type of analysis or pre-natal diagnostic
tests for selection of sex before or after conception; (j) "pre-natal
diagnostic techniques" includes all pre-natal diagnostic procedures and
pre-natal diagnostic tests;
(k) "pre-natal diagnostic test" means ultrasonography or any test or analysis
of amniotic fluid, chorionic villi, blood or any tissue or fluid of a
pregnant woman or conceptus conducted to detect genetic or metabolic disorders
or chromosomal abnormalities or congenital anomalies or haemoglobinopathies
or sex-linked diseases;
(l) "prescribed" means prescribed by rules made under this Act;
(m) "registered medical practitioner" means a medical practitioner who
possesses any recognized medical qualification as defined in clause (h)
of section 2 of the Indian Medical Council Act, 1956, (102 of 1956.) and
whose name has been entered in a State Medical Register;
(n) "regulations" means regulations framed by the Board under this Act;
(o) "sex selection" includes any procedure, technique, test or administration
or prescription or provision of anything for the purpose of ensuring or
increasing the probability that an embryo will be of a particular sex;
(p) "sonologist or imaging specialist" means a person who possesses any
one of the medical quali-fications recognized under the Indian Medical
Council Act, 1956 or who possesses a post-graduate qualification in ultrasonography
or imaging techniques or radiology;
(q) "State Board" means a State Supervisory Board or a Union territory
Supervisory Board consti-tuted under Section 16A;
(r) "State Government" in relation to Union territory with Legislature
means the Administrator of that Union territory appointed by the President
under article 239 of Constitution.
CHAPTER: I, II, III, IV, V, VI, VII, VIII